OSHA Penalties & Reputational Damage

OSHA defines the following types of violations:

De Minimis: A minimal violation, usually indicating a technical violation, that does not reflect worker health or safety. OSHA often does not issue citations or fines for De Minimis violations.

Other-than-Serious: A violation for something associated with health or safety that will not lead to serious injury or death (for example, an employer not posting required safety documentation in a work area). Fines are up to $12,934 per violation.

Serious: A violation where an employer is aware of a hazard that could impact employee health or safety but does not correct it. Fines are up to $12,934 per violation.

Willful: An intentional violation of OSHA standards. If an employee dies, this becomes a criminal offense. Fines are up to $129,336 per violation, with possible jail time.

Repeat: A violation identical or similar to one for which an employer has previously received a citation.

Failure to Abate: A violation related to an employer not remedying a cited situation. OSHA gives employers a period of time to correct the situation; upon failure, employers face a fine of up to $12,934 per day.

It goes without saying that these fines are hefty, but they often reflect very serious (often life-threatening) worksite conditions or practices. OSHA fines often indicate faulty management, which reflects how a company values (or does not value) its workers.

OSHA can raise these fines annually, and all information regarding penalty ranges are kept up to date on the OSHA website.

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